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tv   [untitled]    April 6, 2015 1:00pm-1:31pm PDT

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lane changes and certain parking -- or traffic permits in use they will apply parking control officers for those as well. >> and also just as a reminder part of the operating budget at the temporary terminal is with an agreement with sfmta and there are parking control officers i believe in the afternoons in the blocks surrounding the temporary terminal. >> not to add to the agenda i think this should be an item on the agenda with the cac and where they see a lot of issues. i know i get emails from residents and increasing over the last couple of months about congestion issues in this part of south market. it's not just the transbay terminal. there is construction at every corner of that neighborhood but i think it would be great for the residents to give feedback in terms how to better deploy the resources. i am sure it's done well now but
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i would love the residents to give future feedback. >> we will add that. >> yeah. >> okay. item 7 now is an opportunity for members of the public to address the authority on matters not on the agenda. i don't have any other members of the public. >> mr. patrick. >> good morning board directors. two issues. one i mentioned this at the meeting a couple nights ago. bolts bus i think that's the name of it. they take lots of people to los angeles for a very cheap price and i happen to stop at the east oakland -- west oakland bart station and they're loading with people every everyday suitcases and everything else. it seems to me this should be a tenant of our temporary bus depot whether we're pursuing them or not i don't know but this sets the standard for the train to los
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angeles and this is the genesis of that, so they're taking a whole lot of passengers and i hope staff is reaching out trying to corral these people as a tenant because i think it would be a good policy. number two i am promoting the notion of a gondola to take people from treasure island and bikes and using the bay bridge as the king post for the gondola and have it land at the transbay depot to complete that measure and recently to expand that idea to make it part of the dtx system we have to build a tunnel between the -- down fremont street to market street to connect the bart stations. why not use that money instead of building the tunnel use the vehicle to perform the same function? a thought but i want us to think outside of the box a lot bit and move beyond and i think we're getting kind of
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parochial looking at the construction minutia and not looking at the larger picture. thank you. >> thank you. >> okay. that concludes members of the public to address you under that item. we can move to the regular calendar. >> thank you. >> number 8 is approving a amendment with contract no. 08-04-cmgc-000 authorizing webcor/obayashi joint venture to execute a trade work subcontract with southwest specialty contractors in the amount of $928,900 and design services increased direct costs for the same amount and authorized the construction. >> so the scope of work for the group is for the design services for the system covering 235 square feet at various
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locations interior and exterior of the transit center and the bus deck and grand hall and bus plaza. and next year perimeter of the entire center. the ceiling is a two step process used for the awning as well as the [inaudible] system. as part of this procurement the subcontract is paid to [inaudible] to budget. once the design is completed and the total construction cost is negotiated with the contractor the second step will come in and we will enter into a change order after board approval to do the construction work. with this picture the contractor will work collaborative with the tjpa team including the designers and the [inaudible] and webcor in order to design something that meets the budget for the [inaudible] for the tjpa. an agreement on the construction costs cannot be reached the document is the property of the tjpa and the tjpa can issue for
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bid for design of construction comparatively for the sealed bid process. this group originally advertised or released as a sealed bid contract. however because of input from the bidder s they recommended that we go with the two step process so this package was subsequently restructured as an rfp and released to the public for bidding in 2016. on february 173 firms responded to the rfp. however two were inresponsive. one was incomplete and one came in after the deadline and as a result they decided to reissue the rfp. on march 3 there were three firms that responded to the rfp.
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proposals were directed for lump sum of design services, construction fee percentage and construction overhead percentage. proposals were evaluated on a 850 point system and 500 points or 59% weighted for the price of the construction and 41% weighted on the criteria for qualifications, financial strength, experience as well as safety records. for the purpose of determining the proposed price the construction fee percentage and the construction overhead percentage were multiplied by [inaudible] construction costs. southwest specialty contractors scored the highest and the other two firms had less points. >> >> the total cost for the sealing based on the southwest specialty contractors proposal
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is 26 million and [inaudible] for the construction costs and 4.8 for the describe service and construction see and overhead. the total estimated costs on the proposal is [inaudible] and the total [inaudible] construction costs on [inaudible] proposals is $25 million. the estimate for the total cost is 24.$1 million but the budget approximately 19.8 million dollars. >> >> this is recommended award design services for the metal ceilings to southwest specialty contractors for $928,900. the construction service of the contract will be presented to the board for recommendation after the design is comfleeted and we -- completed and we agreed on a construction cost. >> move approval. >> okay. we have a motion and a second. okay. call the roll please. >> sure. no members of the public to address you on that item. director kim. >> aye.
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>> director lee. >> aye. >> director. >> aye. >> director nuru. >> aye. >> chair harper. >> aye. >> item 8 is approved. go ahead and call the next item? >> yes please. >> item 9 is authorizing the executive director to amend the professional services agreement by increasing the of $2 million with legal services. >> sara will report on this item. >> i understand that we will have quorum issues so i will be brief and information for you here and those that weren't in 2012 we did a competitive procurement process for legal firms that covered a variety of services and $8 million was authorized at the time. we have authorized most of that budget and so this is an increase to the compensation for the bench. it would be $2 million. i
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anticipate that this would be an incremental authorization and we would come back for future authorizations for the bench but it's important to note that the overall budget for legal services is just under $30 million. we committed under 55% of that to date based on what we know today and projections moving forward i feel fairly confident in saying there will be savings in the overall budget line item, and i am happy to answer any questions. >> go ahead ed. >> i think it's good to hear that we think this will track within budget which we would all expect but given we're also expecting to see continued budget short falls when the next budget comes i am wondering if there's opportunity to use more city attorney resource for the legal needs of the agency which
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i presume would be considerably less expensive than some of these fine law firms that we have on our bench? >> we do use the city attorney for several items now. debra works closely with the city attorney on the imminent domain litigation. we work with them on various matters. of course we used to work with them almost exclusively on the construction side before we lost staff to the airport but we will continue to reach out to them and as long as they have the resources we are happy to use the city attorney. staff is also very conscious of using legal time. just last week i tried my hand at writing an affidavit for a records request and baby -- and debra complemented me before she made the necessary corrections.
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>> i noticed again looking at their foundational documents that our legal counsel is the san francisco city attorney dennis herrera and it struck me that was an odd position given that as far as i could tell wasn't acting like a legal counsel so i had a couple of meetings with them and including mr. herrera on tuesday and he agrees that's a position that is untenuous for his office. he has no problem being the legal counsel but he understands that he hasn't been acting as such at all, and has made it very clear to me that he doesn't -- it's up to us, the board to choose our true legal counsel, and he's willing to be that no problem, but if he is he's going to act as such and be essentially
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primary. for example choosing all -- the other firms, the sub firms and directing them he would be responsible and i have talked to andrew sharltz at shoop and hail and he he is also. >> >> hailey and he is perfectly willing to be the true counsel and understands that the scope of general counsel would include choosing and directing other firms to do the specialty work, so we're going to have to make a decision here and each of these -- both san francisco city attorneys made it clear they want off if they're not completely on, and the shoop and hailey firm is perfectly willing to be appointed in their stead if that's what we want, so i
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think at some point in the next few meetings at least we're going to have to meet and decide who we want to be our legal counsel, and i haven't talked to nila about -- i don't know whether it can be done in closed session or whether it has to be done in open session. there are no employees involved but at the same time it's very personnel oriented so i will look for that and with respect to this item what i just want to make sure this is fine. we definitely need some more money in the budget to do this, but i would expect whichever legal counsel that we choose to revisit the whole bench and to decide how we want to present in the future, whichever one we decide, whether it's the city attorney who wants to get more involved with their office and do this, or -- and i
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discussed with mr. herrera -- i said "well, of course you recognize there has been and will be conflicts in which the city has interest and not just the transbay terminal" and he agreed and said when he would step away from a particular decision but however rare that maybe or common that maybe, so it's going to be our choice, but we're going to have to make one, and i think sort of revisit this notion after we do that. >> but my understanding of the bylaws or whatever the constituting documents are the choice has been made and the choice is the city attorney is our general counsel and should we wish to change that and i don't support but fwhee to have that -- need to have that discussion but the city
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attorney is the brief -- tjpa officer and they are a public sector law firm and because they're less expensive so i would encourage greater participation from the city attorney. >> and that's what we will require because in reality shoop and hailey have been acting to the extent that the executive director needed and general counsel it's been that firm and that's what we need to resolve and personally i could go either way. i don't care. but everybody agrees that the legal counsel has to be -- has to take authority and if it's going to be the san francisco city attorney mr. herrera is going to do that and if it's shoop and hailey that's what they're going to do, and we have to decide which way to go, and it maybe
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fine -- i mean just leaving it that way, but we're going to see a lot more out of the san francisco city attorney if we just leave things the way they are. >> perhaps we should just direct the executive director to follow up and engage with the city attorney to see what he would propose in terms of what he would like to change to be in effect the general counsel for the authority. >> can i -- >> yes supervisor. >> thank you. through the chair. a couple of things i would say. actually i should ask the question. i know we had this legal bench for a while and who does distribute the work when it's decided that certain attorneys can't take on specialty legal areas? >> sure. various staff work with each of the firms depending on the area. we do it through
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requests for services. those have to be authorized by the executive director so they incrementally authorize the budget for those service for the construction counsel it's dennis and mark and working with them. with shoop and hailey if it's a real estate matter it's often maria or i working with them particularly on land sales. if it's a administrative type question a question from the board, brown act, public records, et cetera it might be coming from nila or scott to shoop and hailey and if it's other issues it's dennis and working on those requirements. it varies depending on the matter. >> okay. so it's not distributed through the city attorney's office as our legal counsel? >> no. but as a reminder
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deputy city attorney cheryl brakman was involved in the selection of the bench and on the selection committee. >> i think we have a good bench and i agree that we should increase the budget allocation and i should say i chat with the city attorney's office briefly and i think there is a need for clarity in terms of the role for legal counsel. i don't think they want to be off if they're not -- if there are specific kind of responsibilities that are not being addressed to them but i think there is a need for clarity in terms of what that should be, and we should hear from them in terms of what type of clarity they would like to see in order to remain as the general counsel and i agree with director reiskin and want them to be the legal counsel and they're much more affordable than the private law firms that we work with so i think over the next month we should have that
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discussion, and clarify that role. >> right. and i should state that dennis or the city attorney was appointed as the officer as director reiskin mentioned and some time ago and regardless they have done a lot of work for us over the years and they continue to work with us and they are less expensive certainly. i think their highest billing dollar amount is about 253 an hour. the lowest private attorney is 353 an hour so it's a huge difference but i want to add how critically important it is to have our city attorney as the officer and just the [inaudible] alone has been extremely helpful to us [inaudible] when we went out for the goldman-sachs loan. it makes a big difference and it really helps the credibility of
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the organization and getting the funding and i can see the chair olson agreeing so i want to point that outand we're winding down the station in less than three years. you will hear on an item today that we completed. i don't see a lot but we have a number of elements that i think where the city attorney would be help helpful, retear and sponsorship. those are the big elements coming up and certainly helpful in other areas as well but [inaudible] as loan has made a big difference to this organization from day one so i am happy with the direction of the board to talk with them and have them get more involved and help me continue the work. i mean we have been doing a great job to dea. i am a member of the state bar and we have been active and doing a good job evidenced by the successes of our project and the
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fact we're opening on time and less than three years and we will get more engaged. >> great. >> if i can request maybe the executive director -- i think it's okay to say it because i'm not a san francisco person but i got confused during this whole discussion so in the theme of clarity if there can be information to all of the board members. i think i caught some things that seem consistent but sort of inn consistencies in what was said. >> >> so if we can get factual information about what it is, what the situation is that would give me good background. >> yes. we will provide that to everybody. >> that would be great. >> thank you. >> move approval. >> i have a motion. second. public comment. >> none. director kim.
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>> aye. >> director lee. >> aye. >> director reiskin. >> all in favor say aye. >> director nuru. >> aye. >> chair harper. >> aye. >> that is five aye's. that is approved. item 10 is approving the minutes of the february 12 meeting. no members of the public to wish you on that item. >> motion for approval. >> (inaudible). >> motion and second. eric mar. aye scbr. >> director aye. >> aye. >> director. >> aye. >> i would like to abstain. >> director. >> aye. >> chair harper. >> aye. >> that is four aye's. that is approved. we will note for the public we'll go into closed session and they have an opportunity to address you now
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or we will clo >> all right. the tjpa board of directors meeting on march 12, 2015 is back in session and we will report on closed session. >> in existing litigation with dnd construction v. balfour beatty infrastructure, inc., san francisco county superior court case no. cgc-12-525388 the board 4-0 approved the term of the settlement and authorized the tjpa to execute the settlement and attached with the staff report and the tjpa is authorized to make payment as certified in the agreement and take all other actions in the settlement agreement to comply with the settlement. >> thank you. that concludes
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our business and adjourns our meeting. thank you. >> hi, i'm lawrence corn field. welcome to building san francisco. we have a special series, stay safe. we're looking at earthquake issues. and today we're going to be talking with a residential building owner about what residential building owners and tenants can and should do before earthquakes and after earthquakes.
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♪ ♪ >> we're here at this wonderful spur exhibit on mission street in san francisco and i have with me today my good friend george. thanks for joining me, george. and george has for a long time owned residential property here in san francisco. and we want to talk about apartment buildings and what the owner's responsibilities might be and what they expect their tenants to do. and let's start by talking a little bit about what owners can do before an earthquake and then maybe after an earthquake. >> well, the first thing, lawrence, would be to get together with your tenants and see if they have earthquake insurance or any renters insurance in place because that's going to be key to protecting them in the event of a quake. >> and renters insurance, there are two kinds of insurance.
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renters insurance coffers damage to goods and content and so forth. earthquake insurance is a separate policy you get after you get renters insurance through the california earthquake authority, very inexpensive. and it helps owners and it helps tenants because it gives relocation costs and it pays their rent. this is a huge impact on building owners. >> it's huge, it really is. you know, a lot of owners don't realize that, you know, when there is an earthquake, their money flow is going to stop. how are they going to pay their mortgages, how are they going to pay their other bills, how are they going to live? >> what else can property owners do in residential rental housing before an earthquake? >> well, the first thing you want to do is get your property assessed. find out what the geology is at your site. get an expert in to look at structural and nonstructural losses. the structural losses, a lot of times, aren't going to be that bad if you prepare. an ounce of prevention is worth a pound of cure. get in there and get your
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property assessed and figure it out. >> so, what is a nonstructural issue that might cause losses? >> well, you know, pipes, for instance. pipes will whip around during an earthquake. and if they're anchored in more numerous locations, that whipping won't cause a breakage that will cause a flood. >> i've heard water damage is a major, major problem after earthquakes actually. >> it is. that's one of the big things. a lot of things falling over, ceilings collapsing. but all of this can be prevented by an expert coming in and assessing where those problem areas and often the fixes are really, really cheap. >> who do you call when you want to have that kind of assessment or evaluation done? >> the structural engineering community is great. we have the structural engineers association of northern california right here in san francisco. they're a wealth of information and resources. >> what kinds of things might you encourage tenants to do
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besides simply get tenants renters insurance and earthquake insurance, what else do you think tenants should do? >> i think it's really important to know if they happen to be in the building where is the safest place for them to go when the shaking starts. if they're out of the building, whats' their continuity plan for connecting with family? they should give their emergency contact information to their resident manager so that the resident manager knows how to get in touch. and have emergency supplies on hand. the tenants should be responsible to have their extra water and flashlights and bandages and know how to use a toilet when there's no sewage and water flows down. and the owners of the building should be proactive in that regard as well. >> so, george, thank you so much for joining us. that was really great. and thanks to spur for hosting us here in this wonderful exhibit. and thank you for joining us
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